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Wednesday, June 10, 2009
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We're Sorry - We Prefer Donations Over "Dreams"

There is a great investigative story in the Journal Sentinel about eminent domain abuse right here in Milwaukee.  For those who don't want to read the whole thing, here is the reader's digest version:

  • Man buys property, tears down delapidated building on that property, and applies for a permit to build a bar and restaurant on that property.
  • The permit is denied, due to "aldermanic priviledge".  As it turns out, the alderman received campaign donations from the owner of the market which is next door to the property.
  • The owner of the market next door offers to buy the land, but is rebuffed because the owner of the land still wants to run his own business (silly him).
  • The city declares the land blighted, because nothing has been built on the property.  Of course the only reason nothing was built on the property was because the city denied the permits to build!
  • The city is now starting eminent domain proceedings to acquire the land, for the sole purpose of selling it to the neighbor so he can expand his market.

The city maintains that this is all perfectly well and good, and that the campaign donations given to Alderman Jim Witkowiak had nothing to do with the decision.  Uh huh.  Let's just put this in very clear terms.  This is government sponsored theft, and Alderman Witkowiak is abusing his power as an alderman, and should be driven out of the common council on a rail.

Even if the lot stood empty for 10 more years, it is never legal for a government to take land from one person, simply to sell it to another.  The 5th Amendment to the United States Constitution says:

"nor shall private property be taken for public use, without just compensation."

Of course, there was the Kelo case a few years ago... but that was simply a wrong ruling.  The Supreme Court essentially declared that the Founding Fathers added the word "public" for fun, and that it had no meaning.  It should also be noted that Wisconsin does have a law which specifically forbids the transfer of "non-blighted" land from one private owner to another.

The problem with this is that the barrier to declaring land as "blighted" is low, that it really doesn't exist at all.  The fact that the city is using their own failure to grant a permit as a reason to declare land blighted is just gaming the system.

# Posted at 12:24 PM by Nick  |  Comment Feed Link 3 Comments  |  No Trackbacks

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Friday, June 12, 2009 1:14:22 PM (Central Daylight Time, UTC-05:00)
I have to say... that i find it ironic that the Milwaukee Journal Sentinal would mock and criticize the Tsiders(sp?) family(owners of Pete's Market) for freedom of speech. Giving a campaign contribution is in the very essence is freedom of speech. Here we have a journalists exercising his freedom of speech criticizing someone else's freedom of speech! What Bigots the Milwaukee Journal Sentinal has employed there. Seems to me like the Milwaukee journal Sentinal is on a witch hunt! How about the countless others, Gwen Moore, Governor Doyle, Pedro Colon, Mayor Barret...... who all receive campaign contributions!. Witkowiak has done nothing wrong.... This area does not need more clubs..... we need food for the people who live in this partial residential area, one of the most density places in the city of Milwaukee. I applaud witkowiak for his decision.......His courage has prevented a man who has spent years getting his act together from holding the community hostage... If he cant get it together now, what does this tell us about how he will act and respond to the community once he has his club in a mostly residential area... If he can't get his act together now... im sure he wouldn't do a good job later. By the way Witkowiak has never, never, gone unopposed. This is the most sought after aldermatic district in the City. It is also the district with the most businesses in it.
women4justice
Sunday, June 14, 2009 3:20:45 PM (Central Daylight Time, UTC-05:00)
Women4justice - you are an idiot. May your property be the next one those "who know better" come after.
jj
Tuesday, June 16, 2009 12:23:30 PM (Central Daylight Time, UTC-05:00)
The news article photo showed the lot to be free of debris and planted with grass. In certain parts of Milwaukee this would hailed wonderfully as "greenspace" and all and an alderman would fight to keep it undeveloped.

W4J. Freedom of Speech is not the ability to say anything you want without consequence, it is the freedom to say what you want and not have gov't toss you in jail. Others are free to criticize. Considering the only way Milw Alderfolks seem to leave office is by being convicted in Federal court for abusing aldermanic privilege and accepting illegal campaign contributions, the J-S is obligated to tell the reader about campaign donations relevant to the people involved. It is public information readily available on the internet.

The city does have a role in managing properties that are a safety hazard or are the site of on-going crime. No evidence has been given that suggests that the lot in question fits either of those criteria. Therefore, the city has no reason to interfere with the owner's right to speculate with his property, try to develop it, or sell it to the fruit market guy for way more money than the city will pay him.
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